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Delta-Lawyer, Attorney
Category: Family Law
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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I currently have 100% custody of both our children. We are

Customer Question

I currently have 100% custody of both our children. We are in the process of divorce, the visitation arrangement was made by the approval of a restraining order. He currently has every weekend with the children, but does not see them both days he technically has them. He does not pay child support, I cam currently working with the county of San Diego to force him to pay. With all that being said, I've run out of money. I am losing my apartment because I am not able to afford all this on my own any longer. An opportunity has come up to move out of state (TX) that would benefit myself and my kids greatly financially. It would give us a place to stay and be taken care of. I want to know how to go about leaving with the kids. Since I already have 100% custody what more would I need to do?
Submitted: 5 months ago.
Category: Family Law
Expert:  Delta-Lawyer replied 5 months ago.
I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a dozen years of experience handling matters of this nature. It is a pleasure to assist you today. The answer to your question is that you need only report your move to the court that is handling your divorce and current custody arrangement. When you report this to them you need to explain that the move is in the best interest of the children and that you will be homeless unless you move. Tell them that he is not seeing them, even when he has the ability to see them and that he is not paying any child support, which is the cause of the move in the first place. By reporting this to the court, you are doing the responsible and reasonable thing legally relative to your divorce. You are also cutting any attempt by him to claim you have kidnapped the children off at the pass. I wish you and your children all the best in this endeavor. It certainly sounds like the obvious and right move to make. Let me know if you have any other questions or concerns. Please also rate my answer positively (THREE OR MORE Stars) on the ratings bar on your end so I can receive credit for my work. Best wishes going forward!
Expert:  Delta-Lawyer replied 5 months ago.
Did you have any other questions or concerns?
Expert:  Delta-Lawyer replied 5 months ago.
Just checking to see if you have any other questions or concerns. I want you to be as comfortable as possible in this situation. Thank You!

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